none, Vacant lot (between 15 & 17 Ci, CorrespondenceAlfred Visco, Esq.
January 6, 2011
Anton Dahlerbruch
Manager City of Rolling Hills
No. 2 Portugese Bend Road
Rolling Hills, California 90274
I
.� r'�„ r " Sd Crenshaw Professional Building
E _,.. F. Tt 1405 Crenshaw Boulevard
JAM 0 7 2T.M
City of Rolling Hills
By
Re: Wallace, Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
Dear Mr. Dahlerbruch:
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
Please find enclosed a copy of my January 4, 2011 letter with attachments to the Rolling Hills
Community Association of Rancho Palos Verdes, "HOA", submitted in opposition to the application
of Doug McHattie on behalf of Fred Wallace to make 17 Cinchring Road officially subdivided and
a buildable lot.
Please give a copy of my letter with attachments to Ms. Schwartz and the City Attorney. I ask that
the City review very carefully all of said letter and the attachments paying particular attention to the
declarations of Leonard Erlanger (item 10) and Will Nieves (item 11).
I would like to set up a meeting with you, Ms. Schwartz and the City Attorney to discuss same at a
date and time mutually convenient on our calendars.
Sincerely,
ALFRED VISCO
Alfred Visco, Esq.
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
January 4, 2011
Board of Directors
Rolling Hills Community Association of Rancho Palos Verdes
1 Portuguese Bend Road
Rolling Hills , California 90274
Re: Board of Directors January 6, 2011 Meeting
Application submitted by Doug McHattie on behalf of Fred Wallace to Make 17 Cinchring
Road Officially Subdivided and Buildable Lot
Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
Dear Board Members:
My wife and I are long term owners of and reside at 15 Cinchring Road. Wallace's proposed
development will have a significant and adverse impact on our real property as well as on our
neighbors real property.
I have reviewed Mr. McHattie's letter of December 8, 2010 along with the two Los Angeles County,
`County", review sheets. I have not had an opportunity to review the "possible development plan"
referenced in said letter. I have, however, reviewed an 8/11/10 proposed grading plan and a
10/14/10 site plan submitted to the County.
I find Mr. McHattie's letter to be cryptic. It is unclear what he means by a "modification agreement".
If he is referring to somehow modifying prior Rolling Hills Community Association of Rancho Palos
Verdes, "HOA", determinations that the Wallace vacant land , "Vacant Land", is not a separate
building site, the HOA can not do so.
As I am sure you are aware I am in pending litigation with Wallace concerning access to the Vacant
Land. Said litigation was commenced on 2/15/08. Prior to initiating said litigation I sent letters to
Mr. Wallace which were copied to the HOA and the City of Rolling Hills, "City", as well as a letter
to Yolanta Schwartz of the City and letters to the HOA's attorney Sidney Croft. I am enclosing for
your easy reference said letters as follows:
1. December 14, 2006 letter to Wallace
Page i of 4
•
2. September 12, 2007 letter to Wallace with enclosures
3. September 20, 2007 letter to Croft with enclosure
4. February 7, 2008 letter to Schwartz without enclosure
5. February 9, 2008 letter to Wallace
6. February 14, 2008 letter to Croft with enclosures
I am also enclosing copies of the following:
7. 1957 Agreement between HOA and Lucy Preston ( "Preston Covenant")
8. Complaint filed against Wallace with Exhibits C, D, and E (those exhibits which set forth
the Bell/HOA litigation i.e. notice of intended decision, judgment pursuant to stipulated facts, and
stipulated statement of facts and contentions of parties).
9. Visco opposition to Wallace motion for summary judgment or summary adjudication
("Wallace Motion")
10. Declaration of Leonard Erlanger in support of above opposition
11. Declaration of Will Nieves in support of above opposition
12. Declaration of Alfred Visco in support of above opposition
Mr. Erlanger is the supervising regional planner for the County Planning Department and
submitted a letter to the City recommending that an unconditional certificate of compliance,
"Certificate", be issued by the City for the Vacant Land with the caveat that a note should be affixed
to the Certificate stating in some form the following " All interested parties and/or current owners
of the subject property should review Los Angels County Superior Court Case No. SWC-52557 filed
October 25, 1979, before taking any action towards developing said property". Said litigation is, of
course the Bell/HOA litigation set forth in item 8. The City did issue the Certificate with said
language.
Wallace submitted a declaration from Mr. Erlanger in support of the Wallace Motion
including said letter and the Certificate. Mr. Erlanger then supplied item 10 which was submitted
in support of our opposition to the Wallace Motion. The court denied the Wallace Motion. The court
is holding the Visco/Wallace litigation in abeyance based on Wallace's attorney representation that
Wallace was going to seek to have the Vacant Land declared a separate building site.
As set forth in detail in item 9 above and supported by the declarations (items 10,11, & 12)
Page 2 ui 4
•
numerous facts and already litigated legal issues preclude development of the Vacant Land. Insofar
as the HOA is concerned it reduces to the following:
1. The Preston Covenant was given for consideration and is binding on Wallace and the
HOA. The Preston Covenant was established for the benefit of all the residents and members of the
HOA. The Preston Covenant can not be modified or terminated by the HOA. The Preston Covenant
was fully litigated between Wallace's predecessor in interest Paul Bell and the HOA. Said litigation
established that the Vacant Land is not a separate building site and the Preston Covenant runs with
the Vacant Land. Wallace only recourse is to acquire a court order to modify or terminate the Preston
Covenant which he can not do as he has no greater right than Paul Bell to do so and in fact has even
less right then Paul Bell to do so as Wallace does not own or have control of the rest of the land that
was merged with the Vacant Land into one building site unlike Paul Bell whose mother owned the
rest of said land.
2. The Vacant Land has no ingress or egress for several reasons. One reason is that it is not
part of Tract No. 26343 and thus has no legal right to utilize the private driveway off of Cinchring
Road. Said private driveway was created for the sole benefit of the parcels included in said tract. If
Wallace's predecessor in interest Lucy Preston had wished to develop that portion of her property
she should have joined the other owners and became part of the tract and sought termination of the
Preston Covenant. The lack of ingress or egress was the position of the HOA in the Bell/HOA
litigation and for the HOA to conclude otherwise today would be unconscionable. The HOA would
also be judicially estopped from concluding otherwise.
Furthermore Mr. McHattie's letter that the City has determined that the Wallace lot is "a legal lot"
is incorrect and even if true is irrelevant (see item 10 Erlanger's declaration).
Finally I also find Mr. McHattie's letter to be disingenuous when he asserts that the County has
determined that the site is stable. The County made no such determination. In fact, Wallace own
consultants concluded that "the geologic investigation by coast Geotechnical has found unfavorable
geologic conditions at the subject site. The existing southeasterly descending slope below the
proposed residence is relatively steep and exposes intense fractures. This slope does not meet the
County standard for stability. Failure of this slope will adversely affect the stability of the propose
residence."(AWN Soiltech Consultants, Inc. Report Dated December 1, 2009 at page 3).
The report went on to further state that "The stability of the proposed residence may be improved
by installation of a row of soldier piles"(AWN Soiltech Consultants Inc. Report Dated December
1, 2009 at page 6).
Said pages 3 and 6 are enclosed as item 13.
For all of the foregoing the request by Wallace for a modification agreement must be rejected. It
must be made perfectly clear to Wallace that the Preston Covenant will be enforced and that Wallace
Page 3 01 4
i
has no legal right to utilize the private driveway off of Cinchring Road to gain access to the Vacant
Land.
Sincerely,
ALFRED VISCO
Page 4 ei' 4
NIIWIBRUSAVICH�
SERIOUS INJURY LAWYERS
Gerald E. Agnew, Jr. Daniel V. Favero
Bruce M. Brusavich ADMINISTRATOR
Tobin D. Ellis
Stephen C. Rasak Inge B. Greenwald
Anne K. Sansalone
LEGAL ASSISTANTS
July 17, 2009
Yolanta Schwartz
Planning Director
2 Portuguese Bend Road
Rolling Hills, CA 90274
Re: Wallace adv. Visco
Dear Ms. Schwartz:
JUL 2 0 2009
City of Roiling. Hills
By
The court has continued the trial again until November 3, 2009, at 10:00 a.m. Pursuant to your
subpoenas, you remain on -call for the new trial date. Please keep in mind that plaintiffs will start their
case first, and your testimony is expected one or two days after the trial starts.
In the event there is any problem with your appearance within a reasonable time frame around the new
trial date, please contact our office immediately.
Very truly yours,
AGNEWBRUSAVICH
A Professional Corporation
JkN UNN
Secretary to
STEPHEN C. RASAK
20355 Hawthorne Boulevard • Torrance, California 90503 • T: 310.793.1400 • F: 310.793.1499
E: ab@agnewbrusavich.com • www.agnewbrusavich.com
•
Alfred Visco, Esq.
February 14, 2008
Sidney Croft, Esq.
3858 W. Carson Street, Suite 127
Torrance, California 90501
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
Copy by facsimile 310-540-4364
Re: Fred Wallace,Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
My Letter to Wallace Dated 12/14/06, 9/12/07 & 2/9/08
Dear Mr. Croft:
I have completed my first draft of the complaint against Mr. & Mrs_ Wallace. In the process of doing
so I revisited the stipulated statement of facts and Judge Epstein's intended decision in the Bell
litigation.
I believe you indicated at our meeting on September 17, 2007 that you had said documents. At our
meeting we did not review said documents nor did we discuss said documents in relationship with
the purported easement granted by Rustads to Preston in 1970.
• My recent review of said documents has refreshed my memory on why I believed and still believe
that said purported easement was not legally created.
In the stipulated facts it was agreed that said easement was "conveyed by the Rustads to Lucy S.
Preston without the knowledge or consent of the Association, and prior to the subdivision of the
Rustad property into Lots 6 and 7 of Tract 26343, and to provide new access to Lot 164-C". (Pg. 16,
ll.12-15). A copy of Pg. 16 is enclosed for your easy reference.
In Judge Epstein's intended decision he stated as follows "The Association has determined that
Parcel 164-C is an unsuitable building site. The Association maintains that the property is on the side
of an extremely steep hill, is without ingress and egress, and without property drainage. (Answer
to Interrogatory 15 (C))". Pg. 4,1124-28. (Emphasis Added ) A copy of Pg. 4 is enclosed for your
easy reference.
A reasonable inference from the foregoing is that in the Bell litigation the Association's position was
that Parcel 164-C has no ingress or egress through the purported easement i.e the purported easement
was not legally created.
Sincerely,
ALFRED VISCO
cc: Rolling Hills Community Association of Rancho Palos Verdes
City of Rolling Hills
Alfred Visco, Esq.
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
February 9, 2008
Fred W. Wallace, CPA
27520 Hawthorne Blvd., Suite 185
Rolling Hills Estates, California 90274
Re: Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
My Letter Dated December 14, 2006
My Letter Dated September 12, 2007
Dear Mr. Wallace:
I am responding to the telephone message you left on my answering machine on February 7, 2008
at approximately 5:07 p.m. wherein you indicated that you where in the process of trying to figure
a way to do the preliminary geological across the easement and that you wanted to chat with me to
make sure we did everything in regards to any sprinklers or anything I had there. I immediately
contacted the City of Rolling Hills and acquired a copy of a letter dated January 24, 2008 with
attachments submitted by Bolton Engineering Corporation on your behalf which informed the City
that you intended to prepare a road within "the easement" to allow a drill rig to access the above
vacant land to do geological exploration thereon. I am assuming that you are planning to construct
said road in the purported easement across the Visco Residence which has been the subject of my
previous above referenced letters.
In said previous letters, I thought I made it perfectly clear that neither you nor your employees,
agents and/or contractors, are to go onto the Visco Residence including any purported easement
across said Visco Residence for any reason without my written permission or a court order.
You do not have my permission to do so and to the best of my knowledge you do not have a court
order to do so.
In addition to all of the reasons set forth in said previous letters on why you have no right to go upon
said purported easement, said easement has been terminated for numerous reasons including but not
limited to abandonment, nonuse, and/or prescription.
Quite frankly I do not understand why you are doing what you are doing. There are at least two maj or
• 411
issues concerning the above referenced vacant land. The first issue is whether it is a building site.
The second issue is whether it is a buildable site.
Both of these issues were answered in the litigation between Paul M. Bell and the Rolling Hills
Community Association, Superior Court Case No. SWC 52557. The answer was no.
As determined in said litigation the vacant land is not a legal building site pursuant to the Preston
Covenant. As also determined in said litigation the vacant land was not a buildable site for numerous
reasons including unsafe geological conditions.
Thus even assuming that the above referenced vacant land and the purported easement across the
Visco Residence were legally created (which they were not), you are putting the cart before the
horse. Unless you can acquire the right to utilize said land as a building site i.e until you can
somehow have a court of competent jurisdiction invalidate the Preston Covenant you are simply
wasting your time and money. You are also exposing yourself to potential liable and litigation from
me. Your time and money would be better spent attempting to invalidate the Preston Covenant rather
than trying to establish that the vacant land is a buildable site.
In any event, if you do what you are apparently planning to do I will hold you, your employees,
agents, contractors and all others participating in allowing you to do so, liable for trespass as well
as all damage to our real property and/or our personal property located thereon.
I also reserve the right to pursue •any other course of action including but not limited to any litigation
necessary to preserve the Visco Residence and my and my wife's legal rights.
Sincerely,
ALFRED VISCO
cc: Rolling Hill's Community Association of Rancho Palos Verdes
City of Rolling Hills
Bolton Engineering Corp.
Alfred Visco, Esq.
February 7, 2008
Yolanta Schwartz, Planning Director
City of Rolling Hills
No. 2 Portugese Bend Road
Rolling Hills, California 90274
Re: Fred Wallace, Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
Dear Ms_ Schwartz:
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
Copy by facsimile 310-377-7288
Following up on our telephone conversations of today and yesterday, please find enclose a copy of
my 9/12/07 letter to Mr. Wallace and a copy of the purported easement deed referenced in said letter.
If you wish a copy of my 12/14/06 letter to Mr. Wallace please advise me and I will fax you same.
There are at least two major issues concerning said vacant, land. Is it a building site and if so is it a
buildable site?
Both of these questions were answered in the litigation between Paul M. Bell and the Rolling Hills
Community Association, Superior Court Case No. SWC 52557. The answer was no.
As determined in said litigation the vacant land is not a legal building site pursuant to the Preston
Covenant. As also determined in said litigation the vacant land was not a buildable site for numerous
reasons including unsafe geological conditions.
Thus even assuming that the above referenced vacant land and the purported easement across my
property were legally created (which they were not), Mr. Wallace is putting the cart before the horse.
The City should not allow Mr. Wallace to conduct any exploratory geological exploration on the
vacant land until and unless he can somehow acquire the right to utilize said land as a building site
i.e until he can somehow have a court of competent jurisdiction invalidate the Preston Covenant.
Sincerely,
ALFRED VISCO
Bolton Engineering Corporation
707 Silver Spur Road, Suite 201
Rolling Hills Estates, CA 90274
(310) 544-6010 Fax (310) 544-0458
Yolanta Schwartz
Planning Director
City of Rolling Hills
2 Portuguese Bend Rd.
Rolling Hills, CA 90274
January 24, 2008
By
Dear Ms. Schwartz,
PEKRIC
JAN 2 4 2007
CITY OF ROLLING HILLS
Mr. Fred Wallace is undertaking geological exploration of his property known as a vacant
lot located on Cinchring Road, APN 7567-017-045, portion of Lot 23, R.S. 57 page 36.
This work will be under the direction of Coast Geotechnical and will consist of a boring
or borings, as necessary, plus backhoe trenches. It is also necessary to prepare a road within the
easement to allow the drill rig to access the property.
At the conclusion of the Geological investigation the borings and trenches will be filled
in and the topography of the road will be restored. The grading for the road is so minor in
regards to cuts and fills that no measures will be required to protect them from erosion.
Thank you sincerely,
Douglas K. McHattie
Vice President
CC: Fred Wallace
IP •
Cep 0MAI, Jh//
50TH ANNIVERSARY
1957 — 2007
January 15, 2008
Mr. and Mrs. Fred Wallace
27520 Hawthorne Blvd, Suite 185
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377.7288
SUBJECT: EXPLORATORY EXCAVATION
CINCHRING ROAD, ROLLING HILLS (LOT 23-B-CH)
Dear Mr. and Mrs. Wallace:
Doug McHattie of Bolton Engineering has advised the City that you are planning to
conduct exploratory geological excavation on the vacant lot at Cinchring Road. While no
grading permit would be required for this work, the City requires a letter from an
engineer detailing the scope of work, anticipated time line to complete the work and to
restore the road leading to the excavation site to its original condition.
We would also like to inform you that the City obtained copies of the covenants and
judgments on this property and trust that you are aware of the apparent limitations
precluding development of the property.
Should you have any questions regarding this matter, please feel free to contact me at
(310) 377-1521 or by email at ys@citvofrh.net.
Sincerely
olanta Schwartz
Planning Director
cc: Anton Dahlerbruch, City Manager
Kristen Raig, RHCA Manager
Douglas McHattie, Bolton Engineering
® Printed on Recycled Paper
•
Alfred Visco, Esq.
September 20, 2007
Sidney Croft, Esq.
3858 W. Carson Street, Suite 127
Torrance, California 90501
Re: Fred Wallace,Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
My Letter to Wallace Dated 12/14/06 & 9/12/07
Dear Mr. Croft:
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
Copy by facsimile 310-540-4364
Thank you for meeting with myself and Mr. Pearlson, Mrs. Johnson's attorney, on September 17th
concerning the above referenced matter. Also thank you for supplying a copy of the letter dated
August 16, 2007 to Mr. and Mrs. Wallace from Yolanta Schwartz, planning director of the City of
Rolling Hills.
At our meeting I stated that just prior to leaving my office for our meeting, Mr. Wallace left a
message on my answering machine which acknowledged receipt of my most recent letter to him and
in which he directly threatened to start bulldozing in the purported easement across my real property
not withstanding my previous letters and the above reference letter from Ms. Schwartz.
Unfortunately we were not able to play the microcassette from my answering machine at our
meeting. Please find enclosed a true and correct transcription of said message. I still have said
microcassette.
I am requesting that both the Association and the City put a stop to this nonsense before it gets out
of hand. It is causing both myself and my wife extreme emotional distress. We simply wish to be left
alone to enjoy our family residence in our fast approaching retirement. We have invested over 2
million dollars to purchase and develop our family residence and would have not done so if we had
thought for one moment that the Preston Covenant was not going to be enforced or the purported
easement had any validity or if it had any validity could be used as a general right of ingress or egress
and was not limited to its express terms.
Sincerely, _._..
ALFRED VISCO
• •
cc: Rolling Hills Community Association of Rancho Palos Verdes
City of Rolling Hills
.a
Alfred Visco, Esq.
September 12, 2007
Fred W. Wallace, CPA
27520 Hawthorne Blvd., Suite 185
Rolling Hills Estates, California 90274
Re: Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
My Letter Dated December 14, 2006
Dear Mr. Wallace:
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
r3
By
SEP 2007
CITY OF ROLLING HILLS
Notwithstanding my above reference letter (a copy of which is enclosed for your easy reference), you
,through your agent Bolton Engineering Corp., trespassed upon the Visco Residence in order to
perform a purported survey of Parcel 164-C. It is also my understanding that said survey purportedly
established the location of a purported easement across the Visco Residence. Said easement was
purportedly originally conveyed to Lucy Preston by Howard C. and Kathryn S. Rustad by deed dated
February 15, 1970 recorded as No. 594 on May 22, 1970 in the official records of Los Angeles
County.
Additionally, again notwithstanding my above reference letter, it is my understanding that you still
intend to use the purported easement in order to access Parcel 164-C with large vehicles/trucks in
order to conduct geological testing on Parcel 164-C. As set forth in my above reference letter the
purported easement is not valid and has no force and effect.
Even assuming that you have a legal right to the purported easement, said easement does not give
a general right of ingress and egress to Parcel 164-C. A true and correct copy of the deed by
which said easement was purportedly established is enclosed.
As can be readily ascertained the deed only provides for an easement for the following purposes: for
the construction and maintenance of a road for access to Parcel 23 (also known as Parcel 164-C), for
the instillation, operation and maintenance of conduits for the transmission of electricity for lighting,
heating, power, telephone and other utilities, and the necessary attachments and equipment used in
connection therewith, and for sewers, storm water drains, land drains, pipes, water systems, water,
heating and gas mains or pipes. In addition said deed states that said easement is subject to the
covenants, restrictions, reservations, rights, and matters of record.
One such covenant, restriction, reservation, right, and matter of record is the Preston Covenant (see
my above referenced letter) as said covenant was recorded on March 15,1956 in Book 53936, Page
315 of the official records of Los Angeles County. As you know the Preston Covenant has been
validated in the litigation brought by your predecessor in interest, Paul M. Bell, against sthe
Association.
The Preston Covenant, which was established "for the benefit of all the residents of Rolling Hills
Community Association and members thereof', restricted Lucy Preston (and any person claiming
under her) to erecting only one residence upon certain combined parcels acquired by her which were
agreed to be one building site. Said combined parcels included Parcel 164-C. The Preston Covenant
restrictions were to remain so long as the Association's CC&Rs are in full force and effect and until
such time as the basic restrictions in the CC&Rs are either revised, revoked or eliminated by the
passage of time. In 1958 Lucy Preston built a residence on the combined parcels at a location other
than Parcel 164-C which is and has been an unimproved vacant parcel since creation.
It is thus obvious that when Lucy Preston obtained the purported easement in 1970 she did so subject
to the restrictions and limitations contained in the previous Preston Covenant that she had executed
and recorded in 1956. It is also obvious, given the explicit restrictive language of the purported
easement and Lucy Preston's actual knowledge of the Preston Covenant, that actual use of the
purported easement was conditioned upon the restrictions of the Preston Covenant being eliminated.
Or put another way, that the only use of the purported easement was to construct and maintain a road
and utilities if Parcel 164-C was ever approved for the building of a residence. Thus said easement
does not allow you to use same for access to Parcel 164-C for pre -approval physical testing or
any other purpose.
For all of the foregoing neither you, your employees, or your agents including Bolton Engineering
Corp. are to go onto the Visco Residence including any purported easements across said Visco
Residence for any purpose whatsoever without my prior written permission or a court order.
Sincerely,
ALFRED VISCO
cc: Rolling Hills Community Association of Rancho Palos Verdes
City of Rolling Hills
Bolton Engineering Corp.
• •
Cry off!? Pli.p
50TH ANNIVERSARY
1957 — 2007
August 27, 2007
Los Angeles County Registrar -Recorder
Real Estate Records Section
Certificate of Compliance
12400 East Imperial Highway
Norwalk, CA 90650
IP1; :i' I;,=TI.[ JANUARY 24. 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
SUBJECT: REQUEST FOR RECORDATION BY PUBLIC AGENCY
To whom it may concern:
Please record and return the enclosed Certificate of Compliance for property at Cinchring
Road in Rolling Hills, California, APN NO: 7567-017-045, which the City found to
comply with the State and City Subdivision laws.
Should you have any questions, please do not hesitate to contact me at 310 377-1521.
Yolnta Schwartz
Plaining Director
cc; Mr. and Mrs. Wallace (cover letter only).
® P,inted on Recycled Paper
r
RECORDING REQUESTED
BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T Recorder's Use Only
CERTIFICATE OF COMPLIANCE
REQUEST FOR CERTIFICATE OF COMPLIANCE
I/We the undersigned owner(s) of record (and/or vendee(s) pursuant to a contract of sale) in the
following described property within the City of Rolling Hills, County of Los Angeles, hereby
REQUEST the City of Rolling Hills to determine if said property described below complies with
the provisions of the Subdivision Map Act (sec. 66410 et seq., Government Code, State of
California) and the Rolling Hills Subdivision Code (Title 16).
Signature
? ) ZAJoiLL0cc
Name (typed or printed)
8// /2 col
t5ate
Signature Signature
,. r c LV/l
Name (typed or printed)
(S)11 S./ 7
Date/
LEGAL DESCRIPTION
Name (typed or printed)
Date
A portion of Parcel 23, of Record of Survey filed in Book 57, Pages 35 and 36 of Record of
Surveys, Assessor's Parcel Number 7567-017-045. For detailed legal description see
attached Exhibit A
Cav
50TH ANNIVERSARY
1957 — 2007
February 8, 2007
®®lling 11111
INCORPORATED JANUARY 24, 1957
Mr. Fred Wallace
27520 Hawthorne Blvd. Suite 293
Rolling Hills Estates, CA 90274
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310)377-1521
FAX: (310) 377-7288
SUBJECT: REQUEST FOR LOT DETERMINATION-CINCHRING ROAD
Dear Mr. Wallace:
The City received correspondence from Los Angeles County Department of Regional
Planning regarding your request for Certificate of Compliance for parcel 7567-017-045 in
the City of Rolling Hills.
Please find enclosed their findings. Upon your request the City will process a "Certificate
of Compliance" deeming this lot legal as to its creation pursuant to the Subdivision Map
Act. This however does not address the ability to build on this lot.
If you have any questions, or require additional information, please do not hesitate to call
me at (310) 377-1521.
Sincerely
r✓
L1411
Ydlanta Schwartz
Planning Director
cc: Kristen Raig, Rolling Hills Community Association Manager
Douglas McHattie, Bolton Engineering (cover letter only)
Printed on Recycled Pope!.
1
Los Angeles County
Department of Regional Planning
Planning for the Challenges Ahead
January 31, 2007
Yolanta Schwartz
Planning Director
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, CA 90274
FEB 0 2 200?
CITY OF ROLLING HILLS
BY
RE: CERTIFICATE OF COMPLIANCE No. RH 28000737
ASSESSOR PARCEL NUMBER 7567-017-045
Dear Ms. Schwartz:
The subject unimproved property —a portion of Parcel 23, of Record of Survey filed in
Book 57, Pages 35 and 36 of Record of Surveys —was created on March 28, 1949 as a
"Remaining Parcel" by Deed #1240, recorded on March 28, 1949, in Book 29684, Page
163.O.R. At the time that said Record of Survey was approved by the Board of
Supervisors (August 6, 1946), Page 36 shows "Cinchring Road"as abutting Parcel 23, of
Record of Survey 57, Pages 35 and 36 (copies attached).
Subsequent to the above mentioned creation of the subject property (portion of Parcel 23
of R.S. 57/35 and 36, APN 7567-017-045, Tract no. 26343. in Book 815. Pages 24-27 of
Maps was approved and recorded on February 29. 1972. by the City of Rolling Hills.
Tract no. 26343 was a subdivision of "Lots 18, 19, 22 and Portion of Lot 23. of Record of
Survey as per map filed in Book 57, Pages 35 and 36 of Records of Survey in the office
of the County Recorder of said County". Access for the subject property was approved
and described on Tract Map no. 26343. and recorded in deeds numbers 594 and 3129.
recorded on May 22. 1970 and August 4. 1971 (copies attached).
The subject property (APN 7567-017-045) consists of 65,210 square feet. The current
zoning for the area is R-A-20,000. The Zoning District is "Rolling Hills". The Thomas
Guide page is 823 D-3. There was no illegal subdivision in the creation of the subject
property, and the property does not appear to be "landlocked". See Tract Map no. 26343
for Access Easement (copies attached). Therefore, we recommend that the Certificate of
Compliance be issued as "Unconditional" (S.66499.34 and S.6649.35 of the California
Subdivision Map Act).
HOWEVER, A NOTE SHOULD BE AFFIXED TO THE SECOND PAGE OF THE
UNCONDITIONAL CERTIFICATE OF COMPLIANCE STATING IN SOME FORM:
320 West Temple Street • Los Angeles, CA 90012 • 213-974-6411 • Fax: 213-626-0434 • TDD: 213-617-2292
•
"All interested parties and/or current owners of the subject property should review Los
Angeles County Superior Court Case no. SWC-52557 filed October 25, 1979, before
taking any action towards developing said property". Department of Regional Planning
renders no opinion as to said case.
The current record owners are Fred W. Wallace, Jr. and Anne Wallace, husband and
wife, as joint tenants, who acquired title on September 3, 2004, from "Mark Investment
Company, A California Corporation" by Grant Deed no. 04-2277063, recorded on
September 3, 2004.
Enclosed for your review is a Fax from the "Law Office of Alfredo Visco" to the
Department of Regional Planning. This department renders no opinion regarding the
contents of said Fax.
Sincerely,
DEPARTMENT OF REGIONAL PLANNING
Bruce W. McClendon, FAICP
• Director of Planning •
7
Leonard Erlanger
Supervising Regional Planner
Land Divisions Research and Enforcement
LE:GF:ah
•
•
LAW OFFICE OF A FR D VISCO
1405 Crenshaw Dial.
Torrance, California 90501
Paxe310-618-0110
FAX COVER SHEET
FAX NUMBER TRANSMITTED TO: 1-213-346-9837
To: Gary Fountain/Leonard Erlanger
Of: Los Angeles County Regional Planning Land Division
From: Alfred Visco
Matter: Fred W Wallace Application
Case No. R112800073 7
Date: 12/14/06
DOCUMENTS
Alfred Visco 12/14/06 Letter to Fred W. Wallace
Complaint Bell v. RI-ICA
Stipulated Statement of Facts and. Contentions of Parties
Notice of Intended Decision.
judgment Pursuant to Stipulation of Facts
NUMBER OF PAGES*
Two (2)
Eight (8)
Twenty -One (21)
Six (6)
Five (a)
COMMENTS: This message and the attached documents are intended only for the use of
the individual or entity to which it is addressed and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If the reader is
not the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this
communication in en -or, please notify us at the telephone number below. Thank you.
Both 1 and my wife are opposed to Mx. Wallace's application. Please review my
letter to Mr. Wallace and the documents concerning the Bell/Association litigation particularly
page 16, lines 7-21 of the stipulated statement of facts and contentions of parties.
If you have any questions please contact me or Peggy Minor of the RIICA
before she retires on 12/31/06.
41 NOT COUNTING COVER SHEET. IF YOU DO NOT RECEIVE ALI- PAGES, PLEASE TELEPHONE (JS
IMMEDIATELY AT 310-212-5450
Eb/T0 3EVd
0TT98t90tE 8E:9T 900Z/17t/ZT
913104
Exhibit "A"
Parcel 1:
Order No. 001225-0I
That portion of Parcel 23, in the City of Rolling Hills, County of Los Angeles, State of California, as shown on Record of Survey,
filed in book 57, page(s) 35 and 36 of Record of Surveys, in the office of the County Recorder of said County, described as
follows:
Beginning at a point in the Southeasterly boundary of Parcel 22 as shown on said Record of Survey Map filed in book 57, page(s)
35 and 36, distant thereon South 53° 13' 10" West 245.99 feet from the Northeasterly extremity of the certain course in said
Southeasterly boundary which has a bearing of north 53° 13' 10" East and a length of 476.59 feet; thence south 74°• 40' 55" East,
189.28 feet to an angle point in the Southwesterly and Northwesterly boundary of said Parcel 23, the following course and
distances; south 21 ° 29' 30" West 170.55 feet; south 42° 03' 00" West 147.05 feet; north 60° 46' 35" West 128.49 feet north 38° 48'
40" West 150.24 feet and north 53° 13' 10" East 230.60 feet to the point of beginning.
Parcel 2:
Easements, in the City of Rolling Hills, County of Los Angeles, State of California, for road purposes over and along the private
roads shown on the following described maps:
(A) Rolling Hills Tract as per map recorded in book 201, page(s) 29 to 35 inclusive, of maps, records of said county.
(B) Map file in book 57, page(s) 4 to 8 inclusive, Record of Survey, in the office of the County Recorder of said County,
locally known as Flying Triangle.
(C) Map filed in book 57, page(s) 35 and 36 Record of Surveys, in the locally known as Crest Hills.
(D) Map filed in book 59, page(s) 8 to 10 inclusive, Record of Surveys, in the office of the County Recorder of said County,
except therefrom that portion thereof included within the lines of Parcels 28, 29, 30, 55, 56 and 58, as shownn on said
map, locality known as Southfield.
(E) Map filed in book 58, page(s) 6 to 10 inclusive, Record of Surveys, in the office of the County Recorder of said County,
locally known as Eastfield.
(F) Map filed in book 67, page(s) 31 and 32 of Record of Surveys, in the office of the County Recorder of said County,
locally known as Sunny Knolls, excepting therefrom that portion thereof included within the line of Lots 26 and 27 as
shown on said map.
(G) That portion of Crest Road, a private road, 100 feet wide, as shown on County Surveyor's Map B-886 filed in the office
of the Surveyor of said County, extending form the Easterly line, and its Southerly prolongation, of the land shown on
map filed in book 58, page(s) 6 to 10 inclusive of said Record of Surveys, in a Westerly direction 1,321 feet more or less,
to a line which is at right angles to the center line of said Crest Road and distant thereon north 37° 04' 40" West 166.73
feet from the Northwesterly and of a curve thereon which is concave Northeasterly, has a radius of 700,00 feet and a
length of 403.27 feet.
Parcel 3:
An easement for roads and conduits, sewers, storm water drains, land drains, pipes, water systems, water, heating and gas mains
or pipes over that portion of Parcel 22 of Record of Survey in the City of Rolling Hills, County of Los Angeles, State of
California, as filed in book 57, page(s) 35 and 36 of Record of Surveys, in the office of the County Recorder of said County, more
particularly described as follows:
The Easterly 20 feet of a strip of land 30.00 feet wide lying to the right, looking in the directions of the traverse, of the following
described line:
Beginning at a point on the Southeasterly boundary of said Parcel 22, said point being distant thereon north 53° 13' 10" East,
140.60 feet from the most Southerly corner of said parcel; thence North 17° 15' 00" West, 137.00 feet; thence north 33° 07' 58"
East, 137.42 feet; thence north 14° 52' 10" West, 35.52 feet to the Northerly boundary of said Parcel 22.
04 2277063
•
Alfred Visco, Esq.
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, California 90501
(310) 212-5450
Fax: (310) 618-0110
December 14, 2006
Fred W. Wallace, CPA
27520 Hawthorne Blvd., Suite 185
Rolling Hills Estates, California 90274
Re: Vacant Land APN 7567-017-045
Contiguous with the southeast property line of
15 Cinchring Road, Rolling Hills, CA 90274
Dear Mr. Wallace:
It has recently come to my attention that your agent Bolton Engineering Corp. is planning to conduct
a survey on the real property located at 15 Cinchring Road, Rolling Hills, California, owned by
myself and my wife and used as our personal residence, hereinafter "Visco Residence", in order to
establish the location of a purported road easement on the southwest portion of the Visco Residence
abutting the bridle trail easement of the Rolling Hills Community Association', hereinafter
"Association", which is located on the Visco Residence and my neighbor Mrs. Johnson's real
property.
It is also my further understanding that after this survey is completed that Bolton Engineering Corp.
intends to use same in order to access the above referenced vacant land, hereinafter "Parcel 164-C",
with large vehicles/trucks in order to conduct geological testing on Parcel 164-C.
Please be advised that this purported road easement was initially conveyed to Lucy Preston by
Howard C. and Kathryn S. Rustad by deed dated February 15, 1970 recorded as No. 594 on May 22,
1970 in the official records of Los Angeles County. The purported easement was conveyed without
the knowledge or consent of the Association and is thus of no force and effect.
Furthermore you have both constructive and actual knowledge that Parcel 164-C is not a buildable
site due to a restrictive covenant between Lucy Preston and the Association, known as the Preston
Covenant, and that the Association, pursuant to Declaration 15 0-AE, has determined that Parcel 164-
C, is not a buildable site. Said issues were fully and completely litigated between Paul M. Bell, Lucy
Preston's successor in interest, and the Association in Los Angeles County Superior Court Case No.
SWC 52557 leading to a final judgment in favor of the Association which was entered on March 18,
1983: You are therefore precluded by both res judicata and collateral estoppel from building on
Parcel 164-C.
Additionally there were various deeds between Paul M. Bell and Mildred Bell, his mother, issued
in order to create Parcel 164-C which was accomplished without complying with the Subdivision
Map Act of the State of California, or the Subdivision Ordinances of the City of Rolling Hills. Thus
whatever purported title you acquired to Parcel 164-C is of no force or effect.
Finally due to the step nature of the purported road easement, even if it were valid, it could not be
used without major grading which would undermine the stability of the Visco Residence and
endanger the Johnson real property. This is why when Paul M. Bell submitted his Tentative Tract
Map to the Association on or about 1978 it was necessary to propose utilizing the Association's
bridle trail easement as part of his access to Parcel 164-C.
For all of the foregoing neither you, your employees, or your agents including Bolton Engineering
Corp are to go onto the Visco Residence including any purported easements across said Visco
Residence for any purpose whatsoever without my prior written permission or a court order.
Sincerely,
ALFRED VISCO
cc: Rolling Hills Community Association of Rancho Palos Verdes
City of Rolling Hills
Los Angeles County Regional Planning Land Division by facsimile only
01/05/2009 22:28 FAX
a 002/009
, MAY . 2 2 1970
Re+^ordel at Roqueat of
1ARY 8wi T 13EE10
When Recorded Return to:
' MARY SWIFT BZE1t8•
Attorney at Law
944 penile Ayoeue, Sully j+1
Long Beach, California 90813
Mail Tax Statement To:
This Deed doer Not Convey
See Titte
594
DOCUMENTARY TRAN9i'ER TAX $ ,ions
Computed on full value of property conveyed
""Or competed on loll veto. 1... Lien. and encum•
r`rbrandee rAnlain it t e of eats.
DELI) OrEASEMENT
FOR VALUE RECEIVED. we, HOWARD C. AUSTAD and KATHRYN 3, AUSTAD:
husband and wife, do hereby GRANT to LUCY S, PRESTON. a widow, A permanent ease-
ment over. under, acrou, and through the hereinafter described property, together with
the right in the Grantee to grant a take easement to others over the acme property for
the following purpoeea, to -wit;
For the construction and maintenance of a road for access to Parcel 23
of Record of Survey in the City of Rolling Hills, County of Los Angels,,
3t}te of California, a■ filed in Book 57, Pelee 35 and 36 of Record Of
Surveys in the office of the County Recorder; forth, lnetellation, oper-
ation and maintainaoco of conduit, for the tr4paniireion of electricity
1or lighting. heating, power, telephone and other utilities. and far
the necoeeary attachment.. and equipment used In connection therewith;
'swore, storm water drains, land drain., pipe,, water epitome, water,
hearing and gat mein, or piper.
The property subject to this Easement 1. described as follows;
That portion of Parcel 2Z of Record o1 Survey in the City o1
Rolling Hill,, County of Los Angeles, State of CAliiornta, as
flied in Book 57, Pages 35 and 36 of Record of Surveys to the
Office of the County Recorder of said County more particularly
described as foliowet
The easterly 20' of a .trip of land 30.00 feet wide lying to the
right, looking in the direction of the traverse, of the following
described line;
Beginning at a point on the eovth,ket.rly boundary o1 acid
Parcel 22, raid point being distant thereon N. 53' 13' 10" E. ,
140. 60 feet from the malt southerly corner of said Parcel;
thence N. 17. 161 00" W. , 137. 00 feet; thence N. 33. 07' 58"
E, , 117.42 feet: thence N, 14e 52' 10" W., 35. 52 feet to the
northerly boundary of staid Parcel ZZ.
SUBJECT TO:
1. AU t►xea and .,....meats.
]flail Tax *moment Al Directed Above
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01/05/2009 22:28 FAX
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NAY 22 1970
•
2. Covenants, re.tricliot,e, zeearvationa, rlihts, and Matters of
r_cord.
DATED: Thi■ 15th day of February, 1970.
Q4li'f01a / .ill+t
t.V" t &l V, RLJth
kAr�s R AIi
STATE OF CALIFORN><A )
County of Los Angoles ►
On thlt 15th day of February, 1970, before me, the undereign.d Notary
Public for the State of `.atiferoia, peruonatty appeared HOWARD C. RUSTAD and
KATHRYN S. RUSTAD, husband and wife, known to me to be the persona who executed
the within instrument and acknowledged to me that they executed the lame.
WITNESS my hand and official real.
AURY Stern asEr<x1
. rm„prny
i Y.,1`rlu dirt IN
Let MrA1,i wont,"
Q
MARY SW1Tr =1rEKs
My Commission Expire. 9/11/70
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•
•
1110
City. 0/ Rolling
November 15, 2006
Los Angeles County Regional Planning
Land Division Research and Enforcement
Attn: Oscar Gomez
320 West Temple Street, 13'h floor
Los Angeles, CA 90012
•
INCORPORATED JANUARY 24, 1957
SUBJECT: REQUEST FOR RESEARCH FOR A CERTIFICATE OF
COMPLIANCE, APN# 7567-017-045
Dear Mr. Gomez:
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
E-mail: cityofrh@aol.com
Please have your staff conduct research as to the establishment of this lot, APN 7567-
017-045, in the City of Rolling Hills. Of concern is also whether or not there is an
easement for egress and ingress over the adjacent lot(s), from Cinchring Road. I am
forwarding all the information I have on this property. The lot is currently vacant.
If you have any questions or require additional information, please do not hesitate to call
me at (310) 377-1521 or e-mail at vs@citvofrh.net.
Sincctely
/6 fe 6C/GL--
t
Y/oianta Schwartz
Planning Director
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